( 

SERVED: October 22, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CHEMSYSTEMS, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2012- 0911 

AMENDED PROCEDURAL ORDER 

Our previous Procedural Order is amended as set forth below. 

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The judge will not discuss the case with any party, 1 or its representative on an ex 

parte basis. Administrative matters may be addressed to Staff Assistant, Patricia A. 

Matthews [202-366-5121] (Patricia.Matthews@dot.gov). All other matters should be 

addressed to the undersigned in writing/emai1.2 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue shall be Houston, TX.; 

2. On or before March 3, 2014, the parties shall conclude all discovery including, 

but not limited to, depositions, document production, responses to production 

requests and/or interrogatories. If the parties cannot resolve a discovery dispute 

they shall submit the dispute to the undersigned for resolution in a timely manner; 

1 "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to foster frank discussions". (Fiberglass Insulators. Inc. v Dupuy, et al, 

(856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. 

§266 (6th ed.); Rule 68 ofthe Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

Evidence " ... prohibits the admission of statements made in compromise negotiations ... " (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (ld.) 2 Mr. Leibowitz retired on 20130930. 

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3. The parties shall be prepared to present this case at a hearing on or after March 

3, 20143

, subject to the availability of courtroom facilities. The specific date and 

time for the hearing will be forthcoming in a separate Order. The parties should 

advise the court of their availability/non-availability for hearing on or before 

February 3, 2014. 

4. Settled cases will not be removed from the hearing docket until the proper written 

pleading(s), consistent with the applicable rules,4 is received by the presiding 

judge. 5 

5. The parties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, Office of Hearings, may be delayed due to 

screening conducted by the U.S. :Postal Service and/or other security agencies and 

may take up to four (4) weeks to be delivered. Additionally, submissions may be 

"irradiated", which. affects the quality of submissions. The parties are 

encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect the manner of service. 

The parties are encouraged to provide email addresses to expedite service of 

pleadings. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

3 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location ofthe hearing." 

4 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a 

complaint or party may withdraw a request for a hearing without the consent of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

5 See: In the Matter of Lewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Matter ofRobett Harris FAA Docket No. CP03EA0001. OMS No. FAA-2002-14236., Orders 

dated October 18,2004 and October 27,2004. USAIR. Inc., FAA Docket CP90NE0359, Trans World 

Airlines, Inc., FAA Dockets CP90GI.,9085, CP90CE0110, CP90CEOII4, CP90CEO 134, Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris, FAA Docket No. CP03 EAOOO 1. DMS No. FAA2005-14, August 15,2005. 

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FDMS No. FAA-2012-0911 

(Civil Penalty Action) 

SERVICE LIST-BY US. MAIL & FAX 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

ONE COPY 

Nancy Meikle, President 

ChemSystems, Inc., Respondent 

1 01 01 Genard Road 

Houston, TX 77041 

Robert Fling, Respondent's Counsel 

S. Robert Fling, PLLC. 

P.O. Box 411, Katy, TX 77492 

5518 Fifth Street, Suite C 

Katy, TX 77493 

TEL: 281-391-2003 

FAX: 281-727-0082 

Courtney Adolph, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Western-Pacific Region, A WP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7128 

FAX: 310-725-6816 

1 Ser~ice was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 

2Wl 000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

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